Okaloosa County BOCC — July 19, 2016 — Proposal to Sell Beer and Wine at Adventure Zone Pizza at Wild Willy's — agenda request

BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: July 19, 2016 TO: Honorable Chairman and Members of the Board FROM: Elliot Kampert SUBJECT: Proposal to Sell Beer and Wine at Adventure Zone Pizza at Wild Willy's on Okaloosa Island DEPARTMENT: Growth Management BCC DISTRICT: 2 STATEMENT OF ISSUE: Board to consider and act on proposed sale of beer and wine at "Adventure Zone Pizza” at Wild Willy’s on Okaloosa Island. BACKGROUND: The owner of Wild Willy’s Adventure Zone on Okaloosa Island is seeking a license from the Florida Division of Alcoholic Beverages and Tobacco (ABT) to sell beer and wine as part the amusement park’s pizza restaurant (Adventure Zone Pizza). As part of its licensing application, the ABT requires verification from the jurisdictional local government that the sale of alcoholic beverages is allowed under the subject parcel’s zoning designation. The subject property is designated as B-3, “Light Commercial and Concessions Area”, on the Okaloosa Island Covenants within which alcoholic beverage licenses are routinely issued for privately held parcels. However, Section 16-43 (n) of the County Code specifically prohibits alcoholic beverages on County-owned park and recreation areas except for “within the appropriately licensed establishments at the Island Pier, Newman C. Brackin Park and James Lee Park”: Sec. 16-43. - Regulation of use and conduct at the beach, county parks, water bodies, and all recreational areas in unincorporated areas of Okaloosa County. (n) Use of illegal drugs, alcohol, firearms and fireworks shall be prohibited in any county park, beach or other recreational area. The prohibition of the use of alcohol does not apply within the appropriately licensed establishments at the Island Pier, Newman C. Brackin Park and James Lee Park. It is unclear whether the leased parcel occupied by Wild Willy's is considered a "recreational area" and therefore subject to Section 16-43, or whether it is a straightforward commercial parcel. Unfortunately, the lease by which Wild Willy’s occupies the parcel (L12-0393-PW, attached) does not provide any clarification. However, the proposal submitted by Dominion Capital LLC to develop and operate Wild Willy’s specifically includes the sale of beer and wine as part of its pizza restaurant operation (see page 2 of 12 of the proposal attached to the Lease). Though not incorporated by reference into Lease 12-0393-PW, it is attached to and is part of the lease file maintained by the Purchasing Department. In light of the subject parcel’s B-3 designation, and considering that the sale of beer and wine was specifically referenced in the proposal accepted by the Board and attached to the Lease, staff has no objection to the sale of beer and wine at Adventure Zone Pizza. OPTIONS: The Board may approve or not approve the sale of beer and wine as part of the Adventure Zone Pizza component of Wild Willy’s on Okaloosa Island. RECOMMENDATIONS: Staff recommends that the Board consider the information provided herein and provide guidance to staff regarding whether it wishes to authorize the sale of beer and wine at Adventure Zone Pizza at Wild Willy’s on Okaloosa Island. If the Board wishes to approve, the following motion is recommended: “The Board of County Commissioners authorizes the sale of beer and wine at Adventure Zone Pizza at Wild Willy’s on Okaloosa Island, and further authorizes staff to sign off on any ABT license application and provide other documentation as may be needed to allow such sale from the premises.” RECOMMENDED BY: APPROVED BY: John Hofstad, County Administrator